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Its big green and got no wheels and annoying !


private mw

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sorry it my neighbours conifers over looking my garden all planted together forming an hedge and higher than my house i feel like im jack n a beanstalk ! sorry rant over but they are green if that helps , :argh:

 

Speak to the council or better still ask you're neighbours to chop them down to a reasonable height, offer to go halves with them on costs if gets you you're light back.

 

I used to cut the conifers back for my Mum with shears, as soon as I left home a visit to Argos supplied an electric hedge trimmer to replace the shears and the beep using them.

 

If you don't like you're neighbours leave them alone.

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tried talking to neighbours there chinese so dont understand english they rent the house and the landlord lives abroad , great isnt it i want my light back if i complain to council i have to pay £340 non refundable ! :-(

 

Do the trees look to be safe in danger of falling on you're property you're health and safety at stake. Quite a few of the local conifers didn't survive last years hot summer weather near us.

 

You can cut any over hanging branches back but you must throw the cut branches back onto the garden of the owner of the trees.

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http://www.parliament.uk/documents/commons/lib/research/rp99/rp99-035.pdf

 

had the same problem some years ago.

i ended up cutting them down and got in a right load of S..t. all because i didn't give them there cuttings back.

 

There are lots of cases on the net regarding this subject. but it's a very grey area.

 

Clive.

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Any parts that overhang your boundary you are legally allowed to lop off - as long as you throw the cuttings back over the boundary. The wood remains the property of the other party. If your neighbours are ok about it while you are doing this - the Chinese occupants that is (and if it is rented then it just may be that they are not bothered) then you might offer to trim the whole lot for them. It may be that even allowing for the language problem they might be quite ok about it once they twig what you are doing/wanting to do. If the landlord is as absent as you suggest then it may be there is a fair presumption that the tenants have taken on board the care and maintenance of the gardens as part of their rental agreement. So they have the option to trim the trees. But for certain you can legally take off anything that overhangs your boundary.

 

There also is the point that an absentee landlord will not know for certain who has cut down anything on his property unless another party happens to film it whilst it is happening. You would have to judge how likely that was. If an unknown third party happened to turn up and take the tops off then the tenants might think the landlord had initiated this and obviously you would know **** all about it either :);)

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If the landlord is an absentee, is the property let through a letting agent? If so, the letting agent should be able to deal with issues like this on behalf of the landlord.

 

I really do suggest that you try to solve this by legal means before resorting to illegal methods.

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utt61

I really do suggest that you try to solve this by legal means before resorting to illegal methods.

 

 

Agreed -despite my previous comment, however be aware that recent legislation requires Local Authorities to deal with -enforce reduction-removal of Cyprus Leyandii at the land owners expense if it is causing problems for neighbours. LAs don't like it -as it makes them work for the benefit of the public rather than themselves.

 

Steve

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Should have guessed they would charge and has got worse in the recent months.

Have to deal with the odd LA department for work and until 6 months ago one highway department would answer questions all of a sudden a charge came up. Not per enquiry but £30 per question.

May be worth a visit to yout Citzens Advice Bureau as they can generally provide you with some good advice and even draft letters.

Looks like you will need to write several letters, tenant, agent. absentee landlord. Give them a specific time limit to do something or you will seek LA assistance to remove them and recover you expenses via the small claims court.

Just because the landlord does not want to spend any money is not an excuse, after all it is in his interest. If the trees cause damage to your property he is liable for all repairs.

How close are they to your house? and are you on clay soils?

 

Mike

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yes we are on clay the trees are 9ft from my house and they are growing directly over a foul and surface water drain ! :-(

 

Excellent news in one way but not another.

 

The good news is it gives you ammunition.

 

The bad news is

 

Clay has a tendency to shrink when water is removed, trees like water.

Leylandi and other conifers have deep routes that do not spread as far as decidous trees.

If the clay dries out and shrinks it can cause subsidence in the foundations.

IIRC to comply wirth NHBC quite lines strip foundations in clay 9ft from a row of Leylandi would need to be in excess of 2 metres deep.

 

As the trees like water a drain of any sort is a good source. Roots will fint their way in through the pipe joints. Once in they grow PDQ with the resultant problems associated with a pipe full of roots. These can be cut out and the pipes lined if not to badly damaged. Otherwise its dig up and replace.

 

As the trees belong to the land lord he would be liable for these costs.

Although if you have the problems it is still no consulation for you as you still get the agro.

 

Mike

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As the matter is a possible breach of the

 

Statutory Instrument 2005 No. 711

The High Hedges (Appeals) (England) Regulations 2005

 

and a breach of the

Anti-Social Behavior Act 2003

 

I can't see how the council can refuse to act under a statutory instrument or a Act of Parliament nor hide behind a financial charge to discourage the public from asking for redress, but alot of politically underhand things have happened in the last 9months.

 

Similar to what Mike65 said I think a robust word with the agent, backed up by a letter to the agent and landlord (tenant has no connection with the problem) that if the matter is not resolved forthwith things are going to get expensive for the agent and landlord, further to the point make it plain that the landlord may find selling the property difficult if he ends up with a lean against the property for failure to comply with a statutory instrument.

 

If the foul water drainage is likely to be damaged esp. if the trees roots may effect the drainage under a public road the responsible utilities might be very interested.

 

Steve

Edited by steveo578
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